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CITY OF CHICAGO v. WESTPHALEN

Gen. No. 51,834.

95 Ill. App.2d 331 (1968)

238 N.E.2d 225

City of Chicago, a Municipal Corporation, Plaintiff-Appellee, v. Robert Westphalen, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

May 9, 1968.

Attorney(s) appearing for the Case

Benjamin Shapiro, of Chicago (Harry G. Fins, of counsel), for appellant.

Raymond F. Simon, Corporation Counsel, of Chicago (Sydney R. Drebin, Assistant Corporation Counsel, and Harry H. Pollack, Special Assistant Corporation Counsel, of counsel), for appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

The defendant was charged with eight building code violations relating to an apartment building at 3940 South Wentworth Avenue, Chicago, Illinois. He pleaded not guilty, waived a jury and proceeded to trial. During the course of the trial the plaintiff made an oral motion to nonsuit Count 1 of the complaint, which motion was granted over objection. The defendant...

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